JUDGMENT The grievance of the petitioners, 55 in number, is that although their names have been sponsored by the Employment Exchange for recruitment to the post of Police Constable and although they have fulfilled the conditions laid down in Police Regulation for such recruitment the respondents have excluded them from the select list and purported to select 98 candidates in violation of the procedure prescribed in the Police Regulation of Bengal. 2. The facts briefly stated are that the petitioners were sponsored by the Employment Exchange for recruitment in the posts of Constable in the District of North 24 Parganas on the basis of the requisition of the Superintendent of Police, North 24 Parganas. The Superintendent of Police specified that only those candidates who are between 18-25 years as on 31st December, 1987 having height of 5'6" and weight 541/2 kgs. and chest measurement 31" to 32" and who have read upto class VIII shall only be eligible for appointment in the posts of Constable. All the different Employment Exchanges within District of North 24 Parganas directed the eligible candidates to appear for physical measurement before the Superintendent of Police, North 24 Parganas. Apart from the candidates sponsored by the Employment Exchange, 21 persons also appeared before the Superintendent of Police, North 24 Parganas for physical measurement. About 756 candidates including the petitioners appeared for physical measurement test. About 420 candidates including the petitioners were found eligible on physical measurement test. Thereafter the candidates who passed the physical measurement test had to appear at the physical fitness test. According to the petitioners out of 420 candidates 210 were successful in physical fitness test including the petitioners. According to the petitioner all of them have fulfilled the requisite qualification under the Police Regulation and many of them are graduate and have better physical measurement. 210 candidates including the petitioners were finally selected for recruitment and they were asked to appear at the interview and after the interview 98 persons had been selected excluding the petitioners. It is alleged that this 98 candidates who have been selected are the choice of the Superintendent of Police and it was done in violation of the Police Regulation Bengal. 3. An affidavit has been filed on behalf of the respondents affirmed by the Superintendent of Police. It is alleged that this 98 candidates who have been selected are the choice of the Superintendent of Police and it was done in violation of the Police Regulation Bengal. 3. An affidavit has been filed on behalf of the respondents affirmed by the Superintendent of Police. In the said affidavit it has been stated that every year an intimation is sent from the West Bengal Police/Directorate of the Superintendent of Police of different Districts intimating the vacancies in the post of constables in respect of each Districts. On receipt of such intimation of such vacancies, the Office of the Superintendent of Police of different Districts thereafter intimate such vacancies to the Commissioner of Employment Exchange in Cal. with a request for forwarding the names of candidates registered with the Employment Exchange for recruitment as Constable in such vacancies. The Commissioner of Employment Exchange in turn forward such intimation to the different District Employment Exchanges and thereafter the different Employment Exchanges forward the names of such candidates to the Superintendent of Police of his District in the ratio of 1:10 for recruitment in such vacancies in the post of Constable. 4. Such candidates thereafter are called by the Superintendent of Police of the respective Districts for their physical measurement under Regulation 746 of the Police Regulation of Bengal. The candidates who pass such physical tests measurements etc. also have to pass a Medical Tests, as per the aforesaid Regulation 746 of the Police Regulation of Bengal and also Police verification. 5. As per the aforesaid provision of Police Regulation of Bengal a candidate who passes such physical measurement tests as well as the Medical Examination and also the Police Verification is enlisted for appointment as Constable. 6. Prior to 1977 the practice of recruitment of Constables was that the Superintendent of Police of each District used to enlist such recruits who pass such physical Measurement Test, Medical Test, Police Verification from amongst the candidates who applied before the Superintendent of Police of the District concerned and from such enlisted recruits from time to time batch of recruits was sent for training to the Police Training College for their Training and appointment as and when vacancies in the post of Constables occurred. 7. 7. By a Government Order issued in October, 1977 it has now been made obligatory by the State Government to enlist such recruits for appointment as Constables only from those candidates who have registered their names with the Employment Exchange and since then the Employment Exchange is being intimated of the required vacancies; but the Employment Exchange is sending names of candidates in proportion of 1:10. It is submitted that as a result the difficulties now being faced by the Superintendent of Police of different Districts. The problem is that very often they have to enlist such candidates after such physical measurement tests etc. which is far more in number than the required vacancies. The required age of a candidate for the post of Constable under the aforesaid Regulation 746 of the Police Regulation of Bengal is between 18-25 years and as such if candidates far more in number than the required vacancies are enlisted and all of them are to be appointed serially as and when vacancies arise in future, many of the candidates in the meantime would become overage. 8. It is submitted that to obviate such difficulties it has now been decided by the State Government and the Police Directorate that in case of fresh recruitment it must be ensured that there remains no name in the candidate's Register after the despatch of the recruits allotted to each unit. 9. It is further contended that since however in practice, it has been found that out of the candidates by the Employment Exchange to the Superintendent of Police of the respective Districts, the number of candidates ultimately found fit after their physical measurements, Jests etc. become far more in number than their required vacancies and it is not possible to give employment to all such candidates and under the present decision of the Police Directorate and the State Government, DO waiting list of the fit candidates can be maintained for employment for future vacancies, the system of interviewing the candidates (for testing their personality and behaviour, their General Knowledge, their performance in Reading English and Bengali and proficiency in Sports) have been introduced for the last few years, in addition to their tests prescribed under Regulation 746 of Police Regulation of Bengal for further screening the candidates. 10. 10. According to the respondents such system of interview is being followed by the Superintendent of Police of all the districts in West Bengal including the North 24-Parganas. 11. The case of the respondents in respect of the present recruitment is that so far as the North 24- Parganas are concerned in the year 1987 the Police Directorate informed the Superintendent of Police that there are 120 vacancies in the post of Constable in the said District. After intimation of such vacancies the District Employment Exchange forwarded the names of total 735 candidates. In addition to that, the names of 21 National Volunteer Force personnel were also forwarded for their recruitments as Constables as National Volunteer Force personnel have 15% quota out of the total vacancies in the post of Constables for their recruitments as Constable. 12. Out of the aforesaid 735 candidates forwarded by the Employment Exchange 400 were found physically fit and out of such 400 candidates 366 were found fit after their run and Long-Jump tests. 13. Thereafter a Selection Committee for interviewing the candidates were formed with the Superintendent of Police, North 24-Parganas; Deputy Superintendent of Police, District Intelligence Branch; and the Circle Inspector, Habra (as a member of the Minority Community). The said selection Board interviewed the candidates on 31.7.87, on 1. 8. 87, on 4.8.87, on 11.8.87 and on 12.8.88. 14. The said Selection Committee while interviewing the candidates in order to select the best, considered educational standard, Mental alertness and other special proficiencies including aptitude of the candidates for Police job. 15. 361 candidates appeared for such interview out of which 107 candidates were selected after such interview from the General Category. Of the aforesaid 107 candidates, 2 were found unfit on their physical re-measurement; another one did not turn up any further and another candidate expressed his unwillingness to join the Police Force. 16. Oat of the finally selected 103 candidates from General Category appointment has already been given to 74 candidates as Constables till September 11, 1987. 17. Of the aforesaid 107 candidates, 2 were found unfit on their physical re-measurement; another one did not turn up any further and another candidate expressed his unwillingness to join the Police Force. 16. Oat of the finally selected 103 candidates from General Category appointment has already been given to 74 candidates as Constables till September 11, 1987. 17. Furthermore, till September 11, 1987 further 6 appointments to the post of Constables have been given from the exempted category (viz., the candidates whose father or close relations died in harness and as such are not required to apply through Employment Exchange) and further 8 appointments from National Volunteer Force personal (who are also not required to come through Employment Exchange and 15% of the vacancies are required to be reserved for such National Volunteer Force Personnel), The appointment of three more National Volunteer Personnel as Constables could not be made as their Police Verification were not received. 18. The short question that calls for determination is whether the selection has been made contrary to the provisions of the Police Regulation Bengal. In other words whether the respondents are entitled to select the candidates by interview after they have fulfilled the physical measurement and passed the physical test, It has been contended by the learned Advocate for the respondents that interview has to be taken as a process of elimination when there are more candidates than the vacancies. It is also contended that out of 55 writ petitioners 52 appeared before the Interview Board and they were not selected and when they appeared they never made any grievance that no interview should have been held, It has also been submitted that the Petitioner No. 30 was found unfit in the physical fitness test and the Petitioner No.2 was rejected in the physical measurement test. The name of the Petitioner No. 15 does not even appear in the Candidates Register as his name was not forwarded by the Employment Exchange to the Superintendent of Police, North 24-Parganas. 19. On the other hand, the contention of the learned Advocate for the petitioner is that selection has to be made strictly in accordance with the Police Regulation which does not provide for by interview. If anyone is found qualified according to the police regulation he should be taken in subject to the availability of vacancy. I have considered the rival contentions. 20. If anyone is found qualified according to the police regulation he should be taken in subject to the availability of vacancy. I have considered the rival contentions. 20. Regulation 746 of the Police Regulation Bengal have authorised the Superintendent of Police to make appointment to the post of Constable. Method of recruitment has also been laid down in the said Regulation. The height, chest measurement and weight have been specified in the said Regulation. This regulation does not provide for any interview being taken for selection in the post of Constable. In other words the Police Regulation provides that appointment should be made on the basis of the qualification, height, chest measurement, weight as provided in the said Police Regulation. This Police Regulation of Bengal was framed in 1943. In 1943 not many Bengalees wanted to join the post of Constable. Accordingly there were more vacancies than the applicants. Having regard to the situation prevailing at that point of time no provision was made either for physical fitness test or for interview. Whoever fulfilled the conditions prescribed in the Police Regulation Bengal would have been appointed as a Constable. But today the situation has completely changed. There is acute unemployment in Bengal. One who could read and write the vernacular i.e., Bengali having the prescribed physical measurement would have been selected In 1943 or thereafter but today only for 50 vacant posts there are about 700 candidates and out of 700 many are graduates and many are over qualified. In such a situation a procedure has to be evolved for elimination and recruitment of the successful candidates. This can be done either by holding a written examination or by interview. It may be mentioned that physical fitness test was not originally a requirement under the Police Regulation Bengal. A circular was issued by the Deputy Inspector General of Police on 19th August, 1976. The said notification provides as follows: "In super-session of all previous orders issued on the above subject, the IGP has passed the following orders: (a) PRB regulation 746 should be followed as they are with the exception of the following for which Government is being moved for amendment of the relevant PRB regulation. (b) Rule 716 (b)(ii) may be treated as deleted. We should recruit Gurkhas of Darjeeling district and Gurkhas domiciled in India. (b) Rule 716 (b)(ii) may be treated as deleted. We should recruit Gurkhas of Darjeeling district and Gurkhas domiciled in India. (c) The age limit will be 18 to 25 years and temporarily extended upto 30 years (vide G. O. No. 589-P dt. 25. 8. 75) or any other order that will be enforced at any other time. But effect should always be made to recruit younger people as many as possible. (d) Educational qualification should be Class V as fixed by Government preference may however be given to candidates with heigher educational qualification. (e) Tile candidate must be physically fit, for physical fitness the following standard has been laid down. 1. 100 metres run-l7 seconds 2. 800 metres run-41/2 minutes 3. Long Jump-10' ft. (f) Condonation of physical measurement shall be done only by the IGP. (g) Candidates belonging to Scheduled Caste and Scheduled Tribes will be taken as per quota fixed by Government Orders or any Government orders existing at tile relevant time. Recruitment of constable should be started on the above lines as ordered by the IGP with effect from 1.9.75 positively Recruitment from interiors should be encouraged. DIG Training is authorised to return any recruit found by him short of measurements. Five percent of the total vacancies in a district unit of the time of recruitment will be available for recruitment of SODS of employee in the Police Department who have maintained good service records provided they are otherwise eligible. During recruitment preferance will be given to candidates having NVF, Home Guard, NCC Training. The S. Ps. and Commdts of the different districts/Units through their DIG will get their respective number of seata allotted by the DIG Training according to the number of vacancies in the district Unit. The recruits should be sent directly from the district/Unit to the Police Training College as per allotment. One month before the close of training every time DIG Training will send out a District/Unit will list of trainees completing the training to the Range DIO.s D.IG. (AP) D.I.Os Ranges D.I.G AP on receipt of the list at least a week before the recruits are liable to get back to their district, will send posting orders within his range/Brigade and not in the home district. Six monthly training term for 850 recruits at a time will start from 2.1.77." 21. (AP) D.I.Os Ranges D.I.G AP on receipt of the list at least a week before the recruits are liable to get back to their district, will send posting orders within his range/Brigade and not in the home district. Six monthly training term for 850 recruits at a time will start from 2.1.77." 21. It will appear from the said notification that the physical fitness test was introduced. As indicated earlier from the affidavit of the respondents it would appear that after physical measurement and physical fitness test 755 candidates were found fit and out of them 361 appeared for interview and 107 candidates were selected after the interview. 22. It appears from the interview sheet that 25 marks have been allotted for interview and allocated as follows: Personality & Behaviour 2 mark Reading (English) 3 mark Reading (Bengali) 2 mark General Knowledge 16 mark Proficiency in sports 2 mark 23. In my view the selection on the basis of the interview alone where all other factors remain the same cannot be sustained even if there are more candidates than the vacancies. It is not known how proficiency'" in sports can be ascertained by interview. I fail to appreciate how comparative merit can be ascertained by those factors. A candidate who has done well in physical measurement and physical fitness test may be eliminated by interview. How will general knowledge be tested? Are the same questions asked to all or random questions are put to the candidates? It is very difficult to select for the post of Constable only on the basis of the marks in personality and behaviour reading in English and Bengali or General Knowledge. It is not known what are the questions asked to the candidates. When the number of eligible candidates are more than the vacancies, an uniform procedure should be followed for final selection. Interview is not the answer. Even if intervjew has to be taken for elimination of a number of candidates, the Board has to be constituted by the Government. How the Board was constituted is not known. That apart this Board consist of Superintendent of Police, Deputy Superintendent of Police and Circle Inspector. The view of Superintendent of Police will clinch the issue in favour or against the candidates as the other two are lower in rank. How the Board was constituted is not known. That apart this Board consist of Superintendent of Police, Deputy Superintendent of Police and Circle Inspector. The view of Superintendent of Police will clinch the issue in favour or against the candidates as the other two are lower in rank. Apart from the fact that the Police Regulation, Bengal does not contain any provision for interview the manner and method of interview in this case cannot be sustained. It cannot be gain-said that where thing is equal, everyone fulfills the minimum requirement some procedure has to be evolved for elimination or selection. In my view the respondent may hold an objective test who fulfilled the prescribed measurements. This objective test should be of simple arithmetic of class VIII standard, general knowledge and short essay in Bengali. Marks should be allotted for written test, physical measurement and physical fitness and on that basis the selection should be made. A person possessing better physical measurement or having better performance in physical fitness will be awarded more marks. Some marks may also be allotted for extra curricular activities or special qualification. Mark should also be allotted for the age. A candidate who is about to cross the age limit prescribed for recruitment will be preferred to a candidate who can wait for a few years. For this purpose between 18-25 three age groups may be made and marks allotted accordingly. The Government may consider the amendment of the Police regulation for providing method of selection. 24. A confusion has been created in view of the letter of the Superintendent of Police addressed to Pulak Ranjan Mondal wherein the Superintendent of Police stated as follows :- "Recruitments of Constable were made only whose named were sponsord by the District Employment Exchange Authority after observing all formalities contained in PRB Rule No. 746 read with Memo No. 2735(28) Org/Org 254-111 dl. 19.8.1976 of Police West Bengal. " 25. Thereafter the said Superintendent of Police wrote the following letter as follows : "In continuation our previous Memo No. 1872/RO dt. 11.5. 88 it is clarified that large number of Candidates were sponsord by the District Employment Exchange-Authority for recruitments of Constables. After Physical measurements and fitness test of all the Candidates, they are subjected to an oral interview for final-selection of suitable Candidates to fill up available vacancies." 26. 11.5. 88 it is clarified that large number of Candidates were sponsord by the District Employment Exchange-Authority for recruitments of Constables. After Physical measurements and fitness test of all the Candidates, they are subjected to an oral interview for final-selection of suitable Candidates to fill up available vacancies." 26. He also submitted a note as follows ;"In obedience Co the desire of the court, I am to explain that Interview Board is prevalent in all the Districts and Battalions as a process of selection of candidates to the post of constable. For a possible vacancy of 50 in a district, the Employment Exchange forward 500 names for consideration. Approximately 100 candidates cannot qualify In measurement or physical test. There remains 400 candidates from which 50 are to be chosen. In order to choose the 50 candidates out of these 400, interview is conducted to test the educational standard as well as general alertness and special proficiency in games, if any. There is no other way to eliminate 350 candidates out of the 400 candidates who were found otherwise eligible. We cannot recruit more persons than the vacancy. We cannot prepare a panel as the candidates will be overaged at the time of next vacancy." 27. My attention has been drawn to an order passed by Mr. Justice Mahitosh Majumdar on the writ application directed against the selection and appointment for the posts of-constables on vive voce test by Superintendent of Police, Purulia, Majumdar, J. by his order dated 27th April, 1987 in C.O. No. 1716 (W) of 1987 (1) Ashesh Sahana v. State of West Bengal & Ors, (Unreported) set aside the said selection and directed the Superintendent of Police to recruit constable on the basis of the result of physical fitness as prescribed in Police Regulation Manual. 28. An appeal was preferred against the said order. The Court of Appeal by the order dated 3rd November, 1987 in FMAT No. 1997 of 1987 (2) State of West Bengal & Ors, v. Ashesh Sahana, (Unreported) held as follows: "After considering the facts and circumstances of this case and hearing the learned Counsel for the parties it appears to us that on the date when the writ petitioner/respondent Nos. 1 to 4 were otherwise found fit on Physical measurement they should not have been eliminated by applying further tests. It is therefore that the said writ petitioner/respondent Nos. 1 to 4 were otherwise found fit on Physical measurement they should not have been eliminated by applying further tests. It is therefore that the said writ petitioner/respondent Nos. 1 to 4 should be absorbed as the Police Constables in the West Bengal Police In the next available vacancies without taking into consideration any bar of age when the next available vacancy will occur but such appointment as Police Constables will be given to the said respondent Nos. 1 to 4 provided they are found physically fit on the date of available vacancy and they are also otherwise found eligible on Police verification. In view of the aforesaid order no further order need be passed on the application for interim order and the same is disposed of. The appeal is accordingly disposed of treating the same as on day's list. 29. In view of the said order passed by the Court of appeal, no interview can be held for selecting the persons for the post of police Constable after they have been found fit in accordance with the Police Regulation. But the problem would still remain. When there are limited of vacancies not exceeding 100 and there are more than 500 qualified candidates, a procedure has to be evolved for recruiting the only required number. Either the Government bas to increase the number of vacancies and take all of them who are qualified or eliminate many to select some by holding test and allotting marks for written test, physical measurement and physical fitness. Until the Police Regulations are amended, the-Superintendent of Police cannot select by interview from amongst the candidates all of whom are otherwise fit to be appointed in accordance with the Police Regulations. The order passed by the court of appeal is binding on the respondents. For recruitment in future the Government may adopt the procedure suggested in the judgment to allay any misapprehension and a void all controversies over the selection 30. An interview Board consisting of the Superintendent of Police and two subordinate officers, where the view of the Superintendent of Police will necessarily prevail, would invite legitimate criticism that Superintendent of Police has selected the candidates of his choice. 31. An interview Board consisting of the Superintendent of Police and two subordinate officers, where the view of the Superintendent of Police will necessarily prevail, would invite legitimate criticism that Superintendent of Police has selected the candidates of his choice. 31. For the reasons aforesaid, this application is allowed with the following directions; All persons who have been qualified on the basis of physical measurement and physical fitness test and who have been found medically fit and who have been eliminated by interview shall also be included in the select list along with others who have been selected after interview. The Government shall give appointments to all of them on the basis of the vacancies now available and as may be available from time to time. If for the reason of delay any of the candidates becomes over aged, such age bar shall be condoned by the respondents. Those who have been selected before the interview and those who have been selected after the interview shall be absorbed in accordance with their respective dale of birth. No further selection for the post of constable shall be made until the panel to be prepared in terms of this order is fully exhausted. The appointments, already made by the Superintendent of Police, North 24 Parganas before the writ petition was moved will not be affected by this order. This application is allowed with the direction, as aforesaid. All parties shall act on the signed copy of the operative portion of this judgment upon usual undertaking.